As used in this Agreement, the term “Sites” includes all Services websites, pages that are associated or within each website and all devices, applications or services that Homeze operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), accessing, or using the Services, you agree to be bound by the terms and conditions of this Agreement and Homeze’s Privacy Statement, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Homeze.
Before you continue, you should print or save a local copy of this Agreement for your records.
You agree that Homeze may use your Information (which includes any information you enter, disclose, import, or link, to the Service or to Homeze or any Homeze product, or which the Service or Homeze or any Homeze product collects or obtains about you) to provide you with the Services or to improve the Services (including to develop additional services), including to: (a) allow you to collect, consolidate, track, and store your financial information; (b) use and disclose your information so you can see offers for other products and services, including from third-parties (both current and future), that may be relevant or of interest to you; (c) see general-interest offers for products or services; (d) and get relevant advice, tips, recommendations, and educational information.
Your Information or information related to your use of the Services may be made available to you through any Homeze product or service you may use. The Services, or a portion thereof, may also be made available to you, by default, through any other Homeze product or service you may use.
The Services may include a feature that automatically shares with current and future third-party partners your personal information—in a way that cannot be used to identify you—so that you can see relevant or personalized offers.
You agree that Homeze may combine information you provide or that is generated about you as part of the Services in anonymous or aggregate form with anonymous or aggregate information about other users of the Services and/or other Homeze services. We may share or make available information that you provide or that is generated by the Services in anonymous or aggregate form (that cannot be used to identify you) for Homeze’s own internal analytics, or for research or public-interest purposes.
Homeze may access or store personal information in multiple countries, including countries outside of your home country to the extent permitted by applicable law.
You may provide us with your telephone number as part of your customer record, registration, obtaining information or links from us, or via other method.
In addition, you agree that Homeze may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, advertisement and marketing messages, or fulfilling a request made by you through the Services.
You understand and agree, for any text messages sent to you through the Services, that: (a) message frequency may vary, (b) message and data rates may apply, (c) you can text STOP to cancel certain types of text messages (except critical notices regarding the Services), and (d) neither Homeze nor mobile carriers involved in the text messaging are liable for delayed or undelivered messages.
California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Homeze shall be considered a Business and/or Third Party, as applicable. Where Homeze acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Homeze is done in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Homeze to: (i) share any and all Personal Information you provided with any Homeze company, including Homeze, LLC and any parent, subsidiary, affiliate, or related company of Homeze, LLC (collectively, the “Homeze Family Companies”); and (ii) use any such Personal Information in connection with any and all Homeze Family Companies’ internal operations and functions, including, but not limited to, improving such Homeze Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Homeze Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
The Services are provided to you by Homeze without charge and is meant to provide you with your information to allow you to optimize your home energy, safety, and health. Some optional features and services may require a fee.
The Services may also present you information relating to third party products or services that you may be interested in.
If you have any questions about the Services, contact Homeze here.
In connection with Partner Offers, the Services may provide links to other web sites belonging to Homeze advertisers and other third parties. The Services may also allow you to apply for the Partner Offer without leaving the Services’ websites. Partner Offers are provided to you as a convenience. Homeze does not endorse, warrant or guarantee the products or services available through the Partner Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. Homeze is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Homeze does not guarantee that any Partner Offer may be best for you or meet your needs. Information in the Partner Offers are provided by the third parties, and any offer is subject to the third parties’ review of your information. Homeze may receive compensation from third parties which may impact the placement and availability of the Partner Offers.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Homeze immediately at the email address – email@example.com.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Homeze, in its sole discretion, may elect to take. In no event will Homeze be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Homeze to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
HOMEZE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
NEITHER HOMEZE NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER HOMEZE NOR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Homeze in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Homeze may immediately deactivate your account and delete all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Homeze shall not be liable to you or any third party for any termination of your access to the Services.
Homeze may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND HOMEZE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Homeze, 703 S. State St., Ste. 2, Orem, UT 84058. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. Homeze will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 11 shall survive expiration, termination or rescission of this Agreement.